Jerry Sandusky: NBC News Error May Form Part Of His Criminal Appeal

* Judge rejected mistrial call after jury given accurate transcript * Defence attorneys also sought to resign over trial scheduling * Sandusky faces more than 400 years in prison after conviction By Chris Francescani June 24 (Reuters) - Lawyers for Jerry Sandusky sought a mistrial before his conviction for child sex abuse on the grounds that prosecutors showed jurors an inaccurate version of a bombshell NBC News interview with the former football coach, and the mistake may now form part of the basis for an appeal. In response to a subpoena, NBC News turned over three versions of Bob Costas' NBC News interview with Sandusky, which aired last November on different NBC shows. One of those versions, which was broadcast on the 'Today' show, contained an erroneous repetition of a key question and answer - about whether Sandusky was sexually attracted to young boys, Nils Frederiksen, a spokesman for the Pennsylvania attorney general said on Sunday. The repetition, Sandusky's lawyers contend, made it appear to jurors that he was stonewalling. "It wasn't noticed by [NBC News], it wasn't noticed by us, but it became obvious when it played in court," Frederiksen told Reuters. NBC News spokeswoman Amy Lynn confirmed this account on Sunday.

SANDUSKY FACES 400-YEAR SENTENCE On Friday, a jury in Bellefonte, Pennsylvania, convicted Sandusky, a former Penn State assistant football coach, of 45 counts of child sex abuse and child endangerment. Sandusky, 68, is expected to be sentenced to more than 400 years in prison. Sandusky attorney Joe Amendola said NBC's error would form part of the basis for an appeal. "Oh my goodness, yes," he said, when asked about whether it could be used in an appeal. The mistrial request was denied by Judge John Cleland, who sought to remedy the situation by providing the jury with an accurate transcript of the exchange, another Sandusky attorney Karl Rominger said. It's the second time in a matter of months that an error in a 'Today' show broadcast has put the morning program at the center of a national criminal trial. In April, 'Today' aired a misleadingly edited phone call between the police and the man who shot Florida teenager Trayvon Martin. The Sandusky case has rocked the world of U.S. elite college sports and led to the firing of the university's president and Joe Paterno, a College Football Hall of Fame member who won more games as head coach than any other Division I coach. Paterno died of lung cancer in January, five months to the day before the verdict against his long-time assistant was handed down. Amendola said another basis for a future appeal could be a request he and Rominger made to resign from the case at the start of jury selection because the lawyers didn't feel they were given enough time between their client's arrest in November and the June trial date. He said the request was denied by Judge Cleland.

UNDERAGE BOYS In the Sandusky interview with NBC, Costas asks, "Are you sexually attracted to young boys, to underage boys?" according to an NBC News transcript. Sandusky responded, "Am I sexually attracted to underage boys?" But in the "Today" version, which was played for jurors and is still available on YouTube (), the exchange was repeated. The interview was originally aired correctly on NBC News' new magazine show, 'Rock Center' on Nov. 14. The erroneous version that repeated the exchange aired the following morning on 'Today.' In a statement, NBC's Lynn said: "Under subpoena, NBC News turned over three versions of the Costas interview to prosecutors, including the 'Today' version with the error in it. Prosecutors used the 'Today' version, not realizing it included a technical glitch, and played it for the jury. "After court that day, NBC News executives had a series of discussion with the prosecutors, and after some internal investigation were able to determine that the glitch originated on 'Today.' NBC News executives explained the situation to the court, and Judge Cleland sought to remedy the situation by giving the jury instructions to regard only a transcript of the full interview that was subsequently provided to them, not any audio that was played for them by prosecutors." "EMBARRASSING" A source on the prosecution team acknowledged that prosecutors played the 'Today' version, which contained the error, without reviewing it carefully beforehand. "Was it embarrassing?" the source asked. "It was certainly embarrassing. Was it a mistake? It was clearly a mistake." The source also said NBC News executives expressed regret to the court. "Did they say, 'I'm sorry?' I can't recall those exact words,'' the source said. "Were they apologetic? Yes." In the incident in April, 'Today' aired a misleadingly edited tape of a call to police from George Zimmerman, the neighborhood watch volunteer who shot Trayvon Martin. That edit made it appear that Zimmerman told police that Martin was black without being prompted. In fact, Zimmerman did so only when responding to a question posed by a dispatcher. Several 'Today' staffers were disciplined over that incident, NBC News president Steve Capus said at the time. Network sources told Reuters a Miami-based 'Today' producer was fired. NBC is majority-owned by Comcast Corp.

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Former Penn State University assistant football coach Jerry Sandusky, center, leaves the Centre County Courthouse after being sentenced in Bellefonte, Pa., Tuesday, Oct. 9, 2012. Sandusky was sentenced to at least 30 years in prison, effectively a life sentence, in the child sexual abuse scandal that brought shame to Penn State and led to coach Joe Paterno's downfall. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky, center, is escorted by police as he leaves the Centre County Courthouse after being sentenced in Bellefonte, Pa., Tuesday, Oct. 9, 2012. (AP Photo/Gene J. Puskar)

A crush of media and onlookers outside of Center County courthouse for Jerry Sandusky's sentencing.

Former Penn State University assistant football coach Jerry Sandusky, center, leaves the Centre County Courthouse after being sentenced in Bellefonte, Pa., Tuesday, Oct. 9, 2012. Sandusky was sentenced Tuesday to at least 30 years in prison, effectively a life sentence, in the child sexual abuse scandal that brought shame to Penn State and led to coach Joe Paterno's downfall. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky arrives for sentencing at the Centre County Courthouse in Bellefonte, Pa., Tuesday, Oct. 9, 2012. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky, center, arrives for sentencing at the Centre County Courthouse in Bellefonte, Pa., Tuesday, Oct. 9, 2012. Tuesday, Oct. 9, 2012. Sandusky was convicted of sexually abusing 10 boys in a scandal that rocked the university and brought down Hall of Fame coach Joe Paterno. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky arrives for sentencing at the Centre County Courthouse in Bellefonte, Pa., Tuesday, Oct. 9, 2012. Sandusky was convicted of sexually abusing 10 boys in a scandal that rocked the university and brought down Hall of Fame coach Joe Paterno. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky arrives at the Centre County Courthouse for a sentencing hearing Tuesday, Oct. 9, 2012, in Bellefonte, Pa. Sandusky was convicted of sexually abusing 10 boys in a scandal that rocked the university and brought down Hall of Fame coach Joe Paterno. (AP Photo/Matt Rourke)

Former Penn State University assistant football coach Jerry Sandusky is escorted by Centre County Sheriff Denny Nau as he is taken into custody at the Centre County Courthouse after being found guilty of multiple charges of child sexual abuse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky was convicted of sexually assaulting 10 boys over 15 years on Friday, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky, rear, leaves the Centre County Courthouse with a Centre County Sheriff's deputy after being found guilty of multiple charges of child sexual abuse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky was convicted of sexually assaulting 10 boys over 15 years, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Gene J. Puskar)

The scene outside the courthouse after the verdict was announced.

Former Penn State University assistant football coach Jerry Sandusky, rear, and his wife Dottie leave the Centre County Courthouse in Bellefonte, Pa., Friday, June 22, 2012.

Former Penn State University assistant football coach Jerry Sandusky's wife Dorothy Sandusky arrives at the Centre County Courthouse in Bellefonte, Pa., Thursday, June 21, 2012.

Former Penn State athletic director Tim Curley, right, arrives for a hearing at Dauphin County Court, Friday, Dec. 16, 2011, in Harrisburg, Pa.

In this courtroom sketch, Karl Rominger, left, attorney for Jerry Sandusky, right, listen as the testimony of Penn State assistant football coach Mike McQueary is reenacted at the request of the jury during the second day of jury deliberations in Sandusky's child sexual abuse trial at the Centre County Courthouse in Bellefonte, Pa., Friday, June 22, 2012.

FILE - This Dec. 7, 2011 file booking photo released by the Centre County Correctional Facility in Bellefonte, Penn. shows former Penn State football defensive coordinator Gerald "Jerry" Sandusky.

In this Dec. 13, 2011 file photo, Dottie Sandusky, wife of former Penn State University assistant football coach Jerry Sandusky.

The Centre County Courthouse in Bellefonte, Pa., is shown Monday, Dec. 12, 2011.

In this file photo from Jan. 25, 2012, former Penn State assistant football coach Mike McQueary arrives to the Pasquerilla Spiritual Center on the Penn State campus for the funeral service of former Penn State football coach Joe Paterno in State College, Pa.

In this Feb. 10, 2012 file photo, Jerry Sandusky speaks to the media at the Centre County Courthouse after a bail conditions hearing, in Bellefonte, Pa. Former FBI chief Louis Freeh and his investigators have conducted 200 interviews in their expansive probe into the child sex scandal at Penn State.

This March 26, 2012 file photo shows the sign outside the State College, Pa. office of The Second Mile. The charity for troubled youths started by Jerry Sandusky more than three decades ago -- and through which the retired Penn State assistant football coach met the boys he was sexually abusing.

FILE - In these Nov. 7, 2011 file photos, former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right, enter a district judge's office for an arraignment in Harrisburg, Pa., for their actions related to the sex abuse scandal surrounding former Penn State assistant football coach Jerry Sandusky. Despite Sandusky

FILE - In this file photo from Dec. 13, 2011, Karl Rominger, an attorney for former Penn State University assistant football coach Jerry Sandusky who is accused of molesting boys over a 15-year period, stands outside the Centre County Courthouse in Bellefonte, Pa. Rominger entered his formal appearance on Sandusky's behalf in April 2012, but had previously been assisting with the defense. Despite Sandusky

FILE - In this file photo from Jan. 26, 2012, Sue Paterno, wife of former Penn State football coach Joe Paterno, enters a memorial service at Penn State's Bryce Jordan Center in State College, Pa. A capacity crowd of more than 12,000 packed the arena for one more tribute to Paterno, the Hall of Fame football coach who died from lung cancer.

FILE - In this Feb. 10, 2012 file photo, Jerry Sandusky, a former Penn State assistant football coach charged with sexually abusing boys, speaks to the media at the Centre County Courthouse after a bail conditions hearing in Bellefonte, Pa. Alleged victims of Sandusky will not be allowed to avoid disclosure of their names by testifying under pseudonyms, and tweets or other electronic communications by reporters will not be permitted during the trial, the judge ruled Monday, June 4, 2012. (AP Photo/Alex Brandon, File)

Television satellite trucks set up outside the Centre County Courthouse in Bellefonte, Pa., Monday, June 4, 2012, in preparation for the start of the child sexual abuse trial of former Penn State assistant football coach Jerry Sandusky, on Tuesday. (AP Photo/Gene J. Puskar)

FILE - In this Sept. 16, 2006 file photo, then Penn State coach Joe Paterno watches the college football game against Youngstown State in State College, Pa. Paterno, the Penn State football coach since 1966, was told by an assistant coach that he saw former Penn State defensive coordinator Jerry Sandusky and a young boy in a shower on the Penn State campus and Paterno in turn, told Penn State officials. The Penn State Board of Trustees ousted him on Nov. 6, 201 for what was called his

FILE - In this March 8, 2011 file photo, Gov. Tom Corbett addresses a joint session of the Pennsylvania House and Senate in Harrisburg, Pa. Corbett was the attorney general when the investigation into former Penn State assistant football coach Jerry Sandusky was launched by state prosecutors. Sandusky is accused of molesting boys over a 15-year period. Corbett also serves as a member of the Penn State Board of Trustees, although he did not actively participate until after Sandusky was charged in December. Despite Sandusky

FILE - In this file photo from Dec. 13, 2011, Joe Amendola, attorney for former Penn State University assistant football coach Jerry Sandusky who is accused of molesting boys over a 15-year period, talks with media outside the Centre County Courthouse in Bellefonte, Pa. Amendola has been second-guessed for allowing Sandusky to go on network television and speak at length with a reporter for The New York Times after his arrest. Despite Sandusky

File-This Sept. 12, 2009 file photo shows Penn State assistant coach Mike McQueary walking the sideline during the second half of their college football game against Syracuse in State College, Pa. McQueary, whose report of Jerry Sandusky allegedly attacking a child in the showers led to Joe Paterno's firing said in a court filing Tuesday May 8, 2012 that he is suing the school. The "writ of summons" filed by McQueary's lawyer described it as a whistle-blower case, but the brief document was not accompanied by a full complaint that would lay out the allegations. (AP Photo/Carolyn Kaster,File)

FILE - In this Dec. 13, 2011 file photo, former Penn State University assistant football coach Jerry Sandusky, center left, walks with his attorney Joe Amendola, center right, as he leaves the Centre County Courthouse in Bellefonte, Pa. Of all the boys Sandusky is accused of molesting, none has been the focus of more outrage than the one known as Victim 2 _ the boy allegedly abused in a locker room shower, the case that ended Joe Paterno's career and the issue that spawned criminal charges against two school officials. Prosecutors say they don't know one important fact about him: his identity. The prospect that a victim in a sex abuse case is unknown presents a challenge for prosecutors; another potential complication is that Sandusky believes he knows the alleged victim _ and says he could help exonerate him. (AP Photo/Gene J. Puskar, File)

People display shirts asking the board to resign before a meeting of the Penn State Board of Trustees at the Penn State Hershey Medical Center Friday, March 16, 2012 in Hershey, Pa. The trustees are meeting in Hershey to discuss potential changes to the board amid criticism over its handling of the Jerry Sandusky child sex abuse scandal. (AP Photo/Alex Brandon)

FILE - In this Nov. 9, 2011 file photo, Penn State coach Joe Paterno arrives home, in State College, Pa. Penn State's trustees say late coach Joe Paterno's failure to follow up on a sexual abuse allegation against former assistant Jerry Sandusky "constituted a failure of leadership" that ultimately led to his firing in November. A report issued Monday, March 12, 2012, by the trustees says the board ultimately decided to fire Paterno after learning the details of his testimony before a grand jury when charges were filed against Sandusky. (AP Photo/Matt Rourke, File)

Former Penn State assistant football caoch Mike McQueary, left, arrives to the Pasquerilla Spiritual Center on the Penn State campus for the funeral service of former Penn State football coach Joe Paterno in State College, Pa., Wednesday Jan. 25, 2012. As a graduate assistant to Paterno in 2002, McQueary went to the coach saying he had witnessed former defensive coordinator Jerry Sandusky assaulting a boy in the shower at the Penn State football building. Paterno died Sunday at the age of 85. (AP Photo/Jacqueline Larma)

CORRECTION: Jerry Sandusky's name was misspelled in an earlier version of this slideshow.

Former Penn State University assistant football coach Jerry Sandusky, right center, arrives with his wife Dottie, left center, at the Centre County Courthouse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky is accused of sexual abuse of 10 boys over a 15-year period. (AP Photo/Gene J. Puskar)

Former Penn State University assistant football coach Jerry Sandusky, center, arrives at the Centre County Courthouse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky is accused of sexual abuse of 10 boys over a 15-year period. (AP Photo/Gene J. Puskar)

Jerry Sandusky leaves the Centre County Courthouse Friday, June 22, 2012, after being found guilty in his sexual abuse trial, in Bellefonte, Pa. Sandusky was convicted of sexually assaulting 10 boys over 15 years Friday, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Centre Daily Times, Nabil K. Mark)